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New draft law on immigration and marriage in Mauritius

Last activity 26 February 2016 by stumpy

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Kaviraj G

The Immigration (Amendment) Bill is on the agenda of parliamentary work planned for Tuesday. The bill, which seeks to amend the Immigration Act ', is for foreign nationals who marry citizens of Mauritius in order to obtain resident status.

The bill states that the foreigner in question will not automatically get resident status. He will have to apply for a temporary three-year residence permit. Thereafter, he will be entitled to an application for a residential permit.

“The main object of this bill is to amend the immigration Act, in view of the increase in the number of cases where non-citizens marry citizens for the sole purpose of acquiring the status of resident. The Bill provides that, in such cases, the non-citizen will not automatically acquire the status of marriage. He will, in the first instance, have to apply for a temporary spouse residence permit valid for 3 years, at the end of which he will be entitled to apply for a spouse residence permit which will be subject to such conditions as the Minister thinks fit to impose”, as explained in the bill.

This bill also states that a foreign national who wishes to marry a Mauritian citizen must apply to the immigration office for a "temporary spouse residence permit". In addition, the bill states that if a foreigner wants his child not having Mauritian citizenship resides with him in Mauritius, then it must apply to the immigration office for a temporary residence permit his offspring.

It should be noted that the bill will be introduced for first reading by Prime Minister Navin Ramgoolam. The latter will also amend the Non-Citizens (Employment Restriction) Act, which is attached to the work permit. “The Non-Citizens (Employment Restriction) Act is being amended to provide that every work permit shall include a condition that the holder shall (i) not seek to remain in Mauritius after the expiry of the work permit and (ii) not marry a citizen for the sole purpose of acquiring the status of a resident.”

Immigration Amendment Bill

Sleeping Cookie

So today you get automatically a spouse resident permit and after 4 years can apply for citizenship. How will it be now? 3 years till you get a resident permit and then how many years you have to wait until applying for citizenship?
What about past cases? Is it retroactive?

Kaviraj G

It's a bit like the investor scheme. The foreign spouse will first have to apply for a temporary resident visa valid for three years. Then after this 3 year period, he/she will be able to apply for a permanent resident permit.

As for citizenship, it's a volatile issue here in Mauritius. It is granted by the Prime Minister himself, so nothing can be sure about that.

depace_143

hai i am from Nepal and is planning to come there in this September in the status of Student. As i am married can i call my wife later means after 1 year or like that..... please suggest me......

Sleeping Cookie

You should open a new topic, as it has nothing to do with this one.

daisymay2

Thanks Kaviraj - I got my residency last year.
I had never thought about it until a lady immigration officer pointed out to me I could have had it granted years ago. They don't exactly advertise the fact that you can get residency through marriage!
So hopefully this won't affect me now?
Been married a while now and have property here.
Not impressed by this latest government move though at all and also wondering about the 4 year residency condition to get citizenship. :rolleyes:

Kaviraj G

Hi Daisymay,

The bill has not been debated yet...its for next week, only then will we have more information.
if you have got your citizenship, then it won't affect you.
But if you are still on residency permit, then I'm not sure...will have to wait for a better insight.

However, now, it will now take much longer to get residency. According to the bill, an application for a resident permit will only be possible after 3 years on a temporary visa.

Actually, this bill of law is important especially now. There has been too many abuses regarding immigration issues during recent years. And Mauritius being a small island, it's being felt more and more.

Therefore, this bill of law was only a matter of time. ;)

daisymay2

Thanks Kaviraj - I will watch next week's goings on with interest! :)

Sleeping Cookie

daisymay2, if I'm not mistaken citizenship is granted after living in Mauritius (on Mauritian soil) for 4 years (excluding the days you were abroad during that period). Even though you only had your residence permit last year, if you've been living in Mauritius for 4 years, I believe you can apply for citizenship already. They can check the period you've been living here with a passport memo.
I may be wrong about this, but I don't think I am.

I have Mauritian nationality but my hubby does not, so I'm anxiously waiting to know if the law regarding citizenship (how long will it take now to obtain it) will change.

daisymay2

Thanks for that Sleeping Cookie! :)
Now to try counting the days, weeks, months and years and see how they add up...
Hopefully we will all be wiser soon. :)

Kaviraj G

For those who do not know, the 4 or 6 years regarding citizenship is only a written formality. In reality, it doesn't work this way. If that was the case, too many people would have been granted citizenship.

For issues regarding citizenship, the Prime Minister has the ultimate power and the last word. He has the right to decide who would become Mauritian citizen and how much he/she will have to wait. It could be 6 years, 10 years or never.
Of course, it depends on the scenario. For example, an investor employing people and generating a turnover in the tens or hundreds of millions annually will get his/her citizenship much sooner than a retiree or a spouse of a Mauritian citizen.

Grace.P

Dear,

May I know if you mean now for the permanent permit will only take 4 years after married?

Thanks,

Grace

stumpy

@Grace.P

Welcome to the forum....... :)

Please note that you have posted on an old thread [ over 2 years old] so you will not get a reply.
Perhaps you should open a new thread or read through the posts on this section of the forum for information.

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